Culture and Recreation Bill [H.L.] - continued        House of Lords

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SCHEDULE 4
 
  CERTIFICATION: EXERCISE OF SECRETARY OF STATE'S FUNCTIONS
      The Schedule to be inserted after Schedule 1 to the Films Act 1985 is as follows-
 
 
 

 
 
 
SCHEDULE 1A
 
  CERTIFICATION: EXERCISE OF SECRETARY OF STATE'S FUNCTIONS
  PART I
  EXERCISE BY AN APPOINTED PERSON
 
The power of appointment
     1. - (1) The Secretary of State may appoint such person as he thinks fit to exercise such of his functions under paragraph 3 of Schedule 1 to this Act (grant etc of certificates) as may be specified in the appointment.
 
      (2) Any such appointment may provide for the person appointed to exercise the functions in question-
 
 
    (a) generally;
 
    (b) in relation to a particular description of films; or
 
    (c) in relation to specified films.
      (3) In this Part of this Schedule "appointed person" means a person appointed under this paragraph.
 
 
Supplementary functions
     2. - (1) An appointment under paragraph 1 may also provide that the appointed person may, in connection with the exercise of any function under paragraph 3 of Schedule 1 to this Act, also exercise any of the functions specified in sub-paragraph (2).
 
      (2) Those functions are the Secretary of State's functions under the following provisions of that Schedule-
 
 
    (a) paragraph 1(4) (opinion and direction that number of films are series and to be treated as single film);
 
    (b) paragraph 2(3) (requiring the production of books and other documents and the furnishing of information);
 
    (c) paragraph 5(2) (direction that paragraph 5(1) not to apply);
 
    (d) paragraph 6(1B)(b) (opinion as to reasonableness of certain labour costs);
 
    (e) paragraph 8(a) (direction that sums paid for labour be disregarded);
 
    (f) paragraph 8(b) (direction that sums paid for labour be taken into account).
 
Functions exercisable by appointed person instead of by the Secretary of State
     3. To the extent that any functions are exercisable under paragraph 1 or 2 by an appointed person, those functions are exercisable by that person instead of by the Secretary of State.
 
 
Determination of disputes
     4. Paragraph 9 of Schedule 1 to this Act (application to court for determination of disputes) shall apply in relation to a decision of an appointed person as it applies in relation to a decision of the Secretary of State.
 
 
Construction of other references to the Secretary of State
     5. Where any functions of the Secretary of State are exercisable by an appointed person, any reference in any enactment or statutory instrument to the Secretary of State shall, so far as relating to the exercise of the functions by the appointed person, be construed as a reference to the appointed person.
 
 
Revocation of appointments
     6. - (1) The Secretary of State may at any time by giving notice in writing to an appointed person revoke the person's appointment under paragraph 1 to such extent as may be specified in the notice.
 
      (2) If, by virtue of any such revocation, an appointed person is precluded from further consideration of an application under paragraph 2 of Schedule 1 to this Act, then, as from the time when the revocation takes effect-
 
 
    (a) the application shall have effect as if it had been made to the Secretary of State; and
 
    (b) so far as relating to the application, anything done by or in relation to the appointed person shall have effect as if it had been done by or in relation to the Secretary of State.
 
Expenses of appointed person
     7. The Secretary of State may make payments towards defraying any expenses incurred by an appointed person in carrying out his functions under his appointment.
 
  PART II
  EXERCISE ON RECOMMENDATIONS MADE BY AN APPOINTED PERSON
 
Power of Secretary of State to act on recommendations
     8. - (1) In exercising in any particular case-
 
 
    (a) any of his functions under paragraph 3 of Schedule 1 to this Act, or
 
    (b) in connection with his exercise of any of those functions, any of his functions specified in sub-paragraph (2),
       the Secretary of State may act in accordance with recommendations, made to him by a person appointed for the purpose under paragraph 9, as if those recommendations were the Secretary of State's own determinations.
 
      (2) The functions mentioned in sub-paragraph (1)(b) are the Secretary of State's functions under the following provisions of Schedule 1 to this Act-
 
 
    (a) paragraph 1(4) (opinion and direction that number of films are series and to be treated as single film);
 
    (b) paragraph 5(2) (direction that paragraph 5(1) not to apply);
 
    (c) paragraph 6(1B)(b) (opinion as to reasonableness of certain labour costs);
 
    (d) paragraph 8(a) (direction that sums paid for labour be disregarded);
 
    (e) paragraph 8(b) (direction that sums paid for labour be taken into account).
 
The power of appointment
     9. - (1) The Secretary of State may appoint such person as he thinks fit to make recommendations to him as respects the exercise by him in particular cases of such of-
 
 
    (a) his functions under paragraph 3 of Schedule 1 to this Act, or
 
    (b) his functions specified in paragraph 8(2),
       as may be specified in the appointment.
 
      (2) Any such appointment may provide for the person appointed to make recommendations as respects the exercise of the functions in question-
 
 
    (a) in every case;
 
    (b) in every case of a particular description; or
 
    (c) in specified cases.
      (3) In this Part of this Schedule "appointed person" means a person appointed under this paragraph.
 
 
Power to require production of books and information
     10. An appointed person may, for the purpose of or in connection with making recommendations in accordance with his appointment, exercise any of the Secretary of State's functions under paragraph 2(3) of Schedule 1 to this Act.
 
 
Revocation of appointments
     11. The Secretary of State may at any time by giving notice in writing to an appointed person revoke the person's appointment under paragraph 9 to such extent as may be specified in the notice.
 
 
Expenses of appointed person
     12. The Secretary of State may make payments towards defraying any expenses incurred by an appointed person in carrying out his functions under his appointment.
 
 
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